The Constitutional Court Decides Former Convicts Can Become DPD Candidates Members 5 Years After Released
The Constitutional Court (“MK”) considers that the provisions of the norms of Article 182 letter g of Law 7/2017 have issues of constitutional norms and are not in harmony with the spirit contained in the
provisions of the norms of Article 7 paragraph (2) letter g of Law 10/2016 as interpreted in the MK Decision Number 56/PUU-XVII/2019 and the norms of Article 240 paragraph (1) letter g Law 7/2017.
The MK is of the opinion that it is necessary to affirm and harmonize them by imposing a waiting period of 5 (five) years after the former convict has finished serving a prison sentence based on a court decision
that has permanent legal force and there is honesty or transparency regarding their identity background as a former convict as requirements for candidates for DPD members, in addition to other requirements which are also added as cumulative requirements as
conditional constitutional meaning contained in Article 7 paragraph (2) letter g of Law 10/2016 and Article 240 paragraph (1) letter g of Law 7/2017.
Constitutional Court Decision Number 12/PUU-XXI/2023.
Source:
https://www.mkri.id/public/content/persidangan/decitan/decision_mkri_8913_1677568043.pdf
Best regards
Fredrik J. Pinakunary
